Dip Jyoti Das v. The State of Assam

ORDER Date : 09-08-2024 Heard Mr. S.C. Das, learned counsel for the petitioner Sri Dip Jyoti Das, who has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since Page No.# 2/3

09.06.2024 in connection Noonmati Police Station Case No. 64/2024 under Section 406/420/468/471 of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. Heard Mr. A.R. Some, who is present on behalf of the informant.

¶3The allegation against the petitioner is that he has induced the victim to part with more than Rs.1 Crore. It is submitted on behalf of the petitioner that there is a dispute relating to some amount of money misappropriated by the petitioner.

¶4It is also further submitted on behalf of the petitioner that he is willing to repay the money after a discussion with the informant.

¶5I have also considered the submission that the statutory period as under Section 167(2) of the CrPC has elapsed.

¶6Considering all aspects and considering the length of detention, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not exercise threats to the witnesses and tamper the evidence.

(iii) The petitioner shall cooperate with the investigation.

(iv) The petitioner shall not leave the jurisdiction of the jurisdictional Court without prior permission. Page No.# 3/3

¶7On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observations, this Bail Application stands disposed of.

¶9Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010125082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1807/2024 DIP JYOTI DAS S/O PADMA RAM DAS R/O VILL- SANPARA P.O. JHARUBARI, P.S. PALASHBARI DIST. KAMRUP (RURAL), ASSAM PIN-781122 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, MR A J GHOSH,MR. A R SHOME BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND